Which ONE of the following four scenarios best demonstrates proper compliance with a record examination request? Assume that duly accredited representatives of the U.S. Department of Homeland Security (DHS) made each of the requests below.
How to get there
Two rules decide every scenario: which records must be produced, and how fast.
19 CFR 111.25(a)… Records required to be maintained under the provisions of this part must be made available upon reasonable notice for inspection … by representatives of the Department of Homeland Security (DHS) within the prescribed period of retention or within any longer period of time during which they remain in the possession of the broker.
19 CFR 111.25(b)Upon request by DHS to examine records, the designated recordkeeping contact … must make all records available to DHS within thirty (30) calendar days, or such longer time as specified by DHS, at the location specified by DHS.
In D, DHS set a 120-day deadline. That's the "longer time as specified by DHS," and producing the records on day 45 is well within it. Drawback records are also still within their retention period (3 years after liquidation of the claim, § 190.15). D complies.
Why the other choices are wrong
A) Refusing because the retention period has ended: the duty to produce continues for "any longer period of time during which they remain in the possession of the broker." If the broker still has the records, it must produce them.
B) Mailing the records 60 days after the request: no longer deadline was given, so the default is 30 calendar days. Sixty days is late. Sending originals by mail isn't the problem; the timing is.
C) Records off-site during a noticed site visit: DHS gave reasonable notice and set the time and place, the site visit. Under (a) and (b), records must be available "upon reasonable notice … at the location specified by DHS." Offering to email them later sets the broker's own terms instead of DHS's. Our note: 30 days is the default deadline for a request, which makes C tempting. The flaw is that DHS had already specified when and where.
Tip
Memorize: 30 calendar days by default, longer only if DHS says so. The duty to produce lasts as long as the broker still holds the records, even after the retention period ends.
Sources: 19 CFR 111.25(a)–(b); 111.23; 190.15 (eCFR).
CBP answer key: Answer D · 19 CFR 111.23(a)-(b); 19 CFR 111.25(a)-(b); 19 CFR 163Source: CBP past exams ↗